Common use of Fiscal Appropriations Clause in Contracts

Fiscal Appropriations. This DDA is subject to and contingent upon applicable budgetary appropriations being approved by the Board for each fiscal year during the term of this DDA. If such appropriations are not approved, then prior to the date that is sixty five (65) business days prior to the scheduled date in the Phase 1 Business Plan for Final Approval of Phase 1, the County may terminate this Agreement pursuant to this Section and pay the unpaid and earned Consultant Fees and Third Party Costs and the portion of the Phase 1 Project Management Fee earned as of the termination date as Developer’s sole and exclusive remedy. Thereafter, the DDA may be terminated by the County pursuant to this Section and Developer’s sole and exclusive remedies shall be as specified in Section 10.1.2 and Section 10.3 hereof, as applicable.